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    lgryder's Avatar
    lgryder Posts: 2, Reputation: 1
    New Member
     
    #1

    Nov 9, 2005, 05:46 PM
    Divorice question
    My 21 year old daughter is trying to get a divorice, however her soon to be ex- spouce is no where to be found. We were told that we could post an personal add the paper and if he don't respond within a certain amount of time her divorice would be granted. The problem is that we don't know how to phrase the add, does any one know?
    fredg's Avatar
    fredg Posts: 4,926, Reputation: 674
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    #2

    Nov 10, 2005, 06:23 AM
    Divorce
    Hi,
    I am sorry to hear that your daughter has to go through a divorce. but things happen.
    Who told you that putting an ad in a paper could result in a divorce being granted by a court?
    Anyway, you really need to talk with a lawyer, one who handles divorces. Get the facts, (not saying what you were told is wrong, but don't take any chances).
    Ask what the lawyer will charge to have this divorce legal with the courts, and ask what to do.
    I do know that by placing an ad in a paper, such as "I, xxxx xxxx will not be responsible for any debts incurred by anyone other that myself", will result in not being liable for debts that are run up by a spouse, etc.
    Please ask a lawyer.
    lgryder's Avatar
    lgryder Posts: 2, Reputation: 1
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    #3

    Nov 10, 2005, 12:31 PM
    Divorce daughter
    Thank You!
    abcs's Avatar
    abcs Posts: 5, Reputation: 1
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    #4

    Nov 27, 2005, 07:25 PM
    I second fredg's suggestion that you talk to a lawyer to be absolutely certain that you take all the right steps. If the ex-spouse's whereabouts are truly unknown, then publication in a newspaper is a sufficient way to provide the legal notice required to grant the divorce (this is true of an absent defendant in any type of lawsuit). A lawyer can help you determine the wording and, more importantly, which newspaper in which to publish the notice.
    slippydippydo's Avatar
    slippydippydo Posts: 38, Reputation: 1
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    #5

    Dec 13, 2005, 02:33 PM
    Many states call this "divorce by publication" or "order of publication". In most cases, you have to have an actual notice from the divorce court to post in the paper. The notice is drafted by the clerk and sent to the paper where it runs for a certain amount of time.
    phugg's Avatar
    phugg Posts: 3, Reputation: 1
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    #6

    Jan 23, 2006, 05:49 PM
    I have been separated from my husband for 10 years. I have no money to get divoriced before, but now that I do. How do I find out if I'm already divoriced or not? And what kind of divorice would I have. We had no kids together or property. And I have absolutely no idea where he is.
    nymphetamine's Avatar
    nymphetamine Posts: 900, Reputation: 109
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    #7

    Jan 23, 2006, 05:55 PM
    Whoa!! Ten years? Um how long have you not been able to find him? I would think you still need to find a lawyer so he can help you to go before a judge to get the paper work to show you are divorced. You will probably need to prove that your husband has been gone from your life all this time and I believe you can get a divorce not just because you have been separated all this time but possibly from abandonment if he just up and left you.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
    Expert
     
    #8

    Jan 23, 2006, 05:58 PM
    Diovrce
    Since this will not be a easy divorce, one party not avaiable, and the case will be tried without one party there you really, ( really) need an attorney to do this. There will need to be motions made to continue without them present and the proper documentation of the publication will need to be made. Normally publication needs to be done in the area where it is know that the person last lived and also in the area where the court action will be done, but your courts may require or your specific judge may require more. There are legal notices in specific newspapers in all areas.

    You don't want it done wrong where they can contest the divoce.

    Unless both parties are agreeing, you always need an attorney for a divorce
    phugg's Avatar
    phugg Posts: 3, Reputation: 1
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    #9

    Jan 23, 2006, 08:20 PM
    I don't even know where he was last seen or lived I actually left him. I was 20 he was 17 and I was drunk.I don't remember any of it. My first husband had just died 6 months before. How that going to stand in court?
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #10

    Jan 24, 2006, 01:09 AM
    Was he legally emancipated? Because if not, then he cannot have ever legally married you since he was under 18 (assuming you are from Canada/USA/UK).
    phugg's Avatar
    phugg Posts: 3, Reputation: 1
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    #11

    Jan 24, 2006, 07:27 AM
    Yes he was ,his parents sighned for him. But we never consimated the marriage, I left within 3 to 4 months after. I just want it to be over. It has taken me until last year to find someone I truly love I owe this to my 12 yr old son.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #12

    Jan 24, 2006, 01:40 PM
    Then you can easily get an annulment. A marriage must be consummated within a year (or about) of marriage for it not to be voidable on those grounds.

    Contact a divorce attorney and he will know the proper filling procedures you have to go through (like newspaper ads, perhaps hiring a Private Investigator) to attempt to find your husband before putting a divorce through.

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